QUEEN'S BENCH DIVISION
THE DIVISIONAL COURT
B e f o r e :
MR JUSTICE BURTON
|THE QUEEN ON THE APPLICATION OF TORRES||(CLAIMANT)|
|THE COMMISSION OF POLICE OF THE METROPOLIS||(DEFENDANT)|
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Mr P Stagg (instructed by Director of Legal Services, London) appeared on behalf of the DEFENDANT
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"(1) A person arrested for an offence shall not be kept in police detention except in accordance with the provisions of this Part of this Act.
(2) Subject to subsection (3) below, if at any time a custody officer -
(a) becomes aware, in relation to any person in police detention, that the grounds for the detention of that person have ceased to apply; and
(b) is not aware of any other grounds on which the continued detention of that person could be justified under the provision of this part of this Act,
It shall be the duty of the custody officer, subject to subsection (4) below, to order his immediate release from custody."
I should add that subsections (3) and (4) raise no issue in this case.
"A person whose release is ordered under subsection (2) above shall be released without bail unless it appears to the custody officer -
(a) that there is a need for further investigation of any matter in connection with which he was detained at any time during that period of his detention ...
And, if it so appears, he shall be released on bail."
"(1) Where -
(a) a person is arrested for an offence - ...
The custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.
(2) If the custody officer determines that he does not have such evidence before him, the person arrested shall be released either on bail or without bail, unless the custody officer has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.
(10) The duty imposed on the custody officer under subsection (1) above shall be carried out by him as soon as practicable after the person arrested arrives at the police station or, in the case of a person arrested at the police station, as soon as practicable after the arrest."
"The normal powers to impose conditions of bail shall be available to him where a custody officer releases a person on bail under section 37(1)(a) above or section 38(1) above ... but not in any other cases."
It is perhaps worth adding that where a person has been bailed under section 34 and attends a police station to answer his bail he is treated as arrested for an offence when he does so by reason of section 34(7).
"... the police will be able to attach conditions to bail issued elsewhere than at a police station (street bail) ... The change will provide a consistent approach to conditions of bail in relation to all types of police bail. ... Conditions may now be attached to all forms of bail issued by the police where it appears necessary to protect the investigation, victims or the suspect."
In those circumstances street bail will be followed by bail, if appropriate, under section 37. There is no lacuna in between, provided that the provisions of section 37 are applied, and, if they are, then there is the availability of conditions of bail, which are now statutorily provided for.